HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. B. BOPANNA, MEMBER M.F.A.No. 7659/2015 (MV) (Lok Adalat No. 2938/2017) BETWEEN Mr. Purushotham K.
S/o Late Kodhandaram Naidu, Aged about 50 years, R/at No.36/22, 7th Main, 8th ‘A’ Cross, Udaya Rani Road, Kuvempu Nagara, Ittamadu, Banashankari III Stage, Bengaluru South, Hosakerehalli, Bengaluru – 560 085. ... APPELLANT (By Sri. T.N. Viswanatha, Advocate) AND 1. M/s. Oriental Insurance Co. Ltd., T.P. Claims Hub, 4th Floor, Leo Shopping Complex, Residency Road Cross, M.G. Road, Bengaluru – 560 001.
2. Sri. Lokesh K.
S/o Kannaiah Naidu M.L., Major, R/at No.95, 7th ‘A’ Cross, Ittamadu, Banashankari III Stage, Bengaluru – 560 085. ... RESPONDENTS (By Sri. M. Narayanappa, Advocate for R-1, Notice to R-2 – d/w v.c.o. dated 14.06.2017) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.04.2015 PASSED IN MVC NO. 6253/2013 ON THE FILE OF THE IX ADDL. SMALL CAUSES JUDGE & XXXIV ACMM, COURT OF SMALL CAUSES AND MEMBER, MACT-7, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimant-appellant and the learned Counsel for the respondent – Oriental Insurance Co. Ltd. along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellant - Claimant has agreed to receive and the Respondent – Insurance Company has agreed to pay a lump sum of Rs. 1,10,000/- (Rupees One Lakh Ten Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect.
3. The Respondent – Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing which the said amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit.
4. The entire enhanced compensation amount shall be released in favour of the appellant on proper identification.
5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Rbv Sd/- MEMBER